How to Protect Your Rights after a Car Accident
The minutes after a crash are stressful, but what you do in the first hours and days can decide whether you are fairly compensated.
Get safe and get checked. Call 911 if anyone is hurt, and see a doctor the same day even if you feel fine. Whiplash and concussions often show up a day or two later, and a medical record made straight away is the strongest link between the accident and your injury.
Record everything. Photograph the vehicles, the road, traffic signs and your injuries. Take the other driver's name, licence, plate and insurance details, ask witnesses for a phone number, and ask the officer for the report number.
Mind the deadlines. New York is a no-fault state: your own insurer pays medical bills and lost wages up to your policy limit, but the no-fault application usually has to reach them within 30 days. A lawsuit for a serious injury generally has to be filed within three years, and a claim against a city or other public body needs a notice of claim within 90 days.
Be careful what you say. Do not admit fault at the scene, and do not give a recorded statement to the other driver's insurer before you have spoken to a lawyer.
This article is general information, not legal advice for your situation.
5 Important Things to Know About Family Law
Family matters are personal, and the law around them is more flexible than most people expect. These are the five points we explain in almost every first meeting.
1. Custody is decided on the child's best interests. Courts look at stability, each parent's involvement, the child's needs and, as children grow older, their wishes. Parents who agree a plan keep far more control than parents who leave it to a judge.
2. Child support follows a formula. New York applies a set percentage of the parents' combined income (17% for one child, 25% for two, rising with each child), shared in proportion to what each parent earns, before any adjustments.
3. You do not need to prove fault to divorce. It is enough that the marriage has broken down irretrievably for at least six months, which keeps the focus on property, support and children.
4. Mediation often costs less and ends sooner. A neutral mediator helps you reach an agreement, and each of you can still have your own lawyer review it.
5. Agreements can protect you in advance. Prenuptial and postnuptial agreements must be in writing and properly signed and acknowledged to be valid.
This article is general information, not legal advice for your situation.
Business Legal Tips for Growing Your Company
Growth brings new partners, customers and staff, and each of them brings legal risk. A few habits prevent most of the disputes we see.
Choose the right structure. An LLC or corporation separates your personal assets from the company's debts. In New York a new LLC should adopt a written operating agreement within 90 days and complete the publication requirement within 120 days, or its authority to do business is suspended until it does.
Put it in writing. Every client, supplier and partner relationship deserves a written contract that covers the scope of work, payment terms, limits on liability and what happens if either side wants out.
Own what you create. Make sure employees and freelancers sign agreements that assign their work for you to the company, and register the trademarks your brand depends on.
Classify workers correctly. Treating an employee as an independent contractor can lead to back taxes, penalties and wage claims.
Plan for disagreements. A buy-sell agreement between owners sets out what happens if one of you leaves, falls ill or dies, before it becomes an argument.
This article is general information, not legal advice for your situation.
What to Bring to Your First Consultation
A first consultation is where we learn what happened and you learn what your options are. Bringing the right things makes that hour far more useful.
Bring the paperwork. Contracts, letters, emails, court papers, police or accident reports, insurance correspondence, medical records, leases or deeds: anything that relates to your matter, even if you are not sure it matters.
Write a short timeline. Dates, names and what happened, in order. It helps you remember details and lets us spot deadlines straight away.
List your questions and your goals. What outcome would you be happy with? What worries you most? What can you afford to spend?
Bring identification, and for immigration matters every passport, visa and immigration document you have ever been issued.
Be completely open. What you tell a lawyer while seeking advice is confidential, even if you decide not to hire us, and we can only protect you from facts we know about.
After the meeting you receive a written summary with next steps and a fee estimate, so you can decide without pressure.
How the Family Green Card Process Works
Sponsoring a relative for a green card starts with two questions: how are you related, and are you a U.S. citizen or a permanent resident?
Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents of citizens who are at least 21) are not subject to annual limits, so they can apply as soon as the petition is approved. Other relatives, and relatives of green card holders, fall into preference categories whose waiting times run from a few years to more than a decade.
Step one is the petition. The citizen or resident files Form I-130 with proof of the relationship, such as a marriage or birth certificate.
Step two depends on where your relative lives. If they are in the United States and eligible, they apply to adjust status with Form I-485. If they live abroad, the case moves to the National Visa Center and then to an interview at a U.S. consulate.
The sponsor must also show they can support the relative, usually with an Affidavit of Support on Form I-864.
Most delays come from missing documents and inconsistent answers. We prepare the full package, track every notice and prepare you for the interview.
This article is general information, not legal advice for your situation.
Buying a Home in New York: What Happens at Closing
In New York, buyers and sellers usually each hire a lawyer, and most of the legal work happens long before closing day.
Before the contract. Your lawyer reviews the contract of sale, negotiates changes and makes sure your deposit is held safely in escrow. For a co-op or condo we also review the building's finances and house rules.
Before closing. We order the title search and survey, clear any liens or violations, check that the mortgage commitment matches the contract, and go through the closing statement with you so you know every figure in advance.
The final walk-through. Visit the property a day or two before closing to confirm it is empty, clean and in the condition the contract promises.
At the closing. Buyer, seller, their lawyers, the lender's representative and a title closer meet to sign the deed, pay the balance and the transfer taxes, and record the sale. Buyers of homes priced at one million dollars or more also pay New York's mansion tax.
Then the keys are yours, and we follow up to make sure the deed and mortgage are recorded correctly.
This article is general information, not legal advice for your situation.